TERMS OF USE

These Terms of Use govern your use of the content and functions available through the viaemilia9.com domain name and other websites and apps on which these terms reside or are linked from (collectively the “Platform”) that are operated by Via Emilia 9 LLC (“Via Emilia 9 “). By using, visiting, or browsing the Platform, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Platform. These Terms of Use are an ongoing contract between you and Via Emilia 9 and apply to your use of the Via Emilia 9 Platform.

Via Emilia 9 the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of the Terms of Use will supersede all previous versions. Your use of the Via Emilia 9 Platform after changes are made means that you agree to be bound by such changes.

On certain areas of our Platform, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices, which Policy applies to information you submit on this Platform.

These Terms of Use apply to all users of the Platform, including users who are also contributors of video content, information, and other materials or services on the Platform. The Platform may contain links to third party Platforms that are not owned or controlled by Via Emilia 9. Via Emilia 9 has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party platforms. In addition, Via Emilia 9 will not and cannot censor or edit the content of any third-party site. By using the Platform, you expressly release Via Emilia 9 from any and all liability arising from your use of any third-party Platform. Accordingly, when you leave the Platform or submit information to a third-party platform accessible from this Platform, the terms and conditions and privacy policy of that other platform will apply.

Via Emilia 9 hereby grants you permission to use the Platform as set forth in these Terms of Use, provided that:

 

  • Your use of the Platform as permitted is solely for your personal, noncommercial use;
  • You will not copy or distribute any part of the Platform, including content on the Platform provided by Via Emilia 9 or its licensors, including graphics, images, text, digitally downloadable files, trademarks, logos, product and program names, or slogans (“Via Emilia 9 Content”), in any medium without Via Emilia 9 prior written authorization;
  • You will not alter or modify any part of the Platform other than as may be reasonably necessary to use the Platform for its intended purpose;
  • You will not use any electronic communication feature of the Platform for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful;
  • You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and  privacy) without first obtaining the permission of the owner of such rights;
  • You will not upload, post, email, or otherwise transmit  any advertising or promotional materials or any other form of solicitation   or unauthorized communication; and you will not upload, post, email, or otherwise transmit any material that contains viruses or any other   computer code, files, or programs which might interrupt, limit, or    interfere with the functionality of any computer software or hardware or telecommunications equipment; and
  • You will otherwise comply with the terms and conditions of these Terms of Use.You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Platform in a manner that sends more request messages to the Via Emilia 9 servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Via Emilia 9 grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials.

 

Via Emilia 9 reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Platform, nor to use the communication systems provided by the Platform for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Platform with respect to their user submissions.

The use of the app Platform requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You are required to send and receive, at your cost, electronic communications related to the Platform, including without limitation, administrative messages, service announcements, diagnostic data reports, and Platform updates, from Via Emilia 9, your mobile carrier or third-party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Platform. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Platform, including but not limited to payment of all third-party fees associated therewith, including fees for information sent to or through the Platform.Via Emilia 9 may, at its discretion, automatically download Platform updates to your device from time to time. You agree to accept these Platform updates, and to pay for any costs associated with receiving them. The Platform may not work with all devices or all mobile carriers.
Via Emilia 9 makes no representations that the Platform will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Platform, or other third-party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.

You affirm that you are either more than 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Via Emilia 9 Platform is not intended for children under 13.
If you are under 13 years of age, then please do not use the Via Emilia 9 Platform – there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

These Terms of Use will be governed by and construed in accordance with the internal laws of New York City without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms of Use will be subject to the courts located in New York City.
These Terms of Use operate to the fullest extent permissible by law. Via Emilia 9 fails to act with respect to your breach or anyone else’s breach on any occasion, Via Emilia 9 is not waiving its right to act with respect to future or similar breaches.
If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between you and Via Emilia 9 regarding the use of the Platform.

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